OF JUDGMENT: July 23, 2018
from the Stark County Court of Common Pleas, Family Court
Division, Case No. 1996DR0983
Plaintiff-Appellee RICHARD B. PINHARD
Plaintiff - Intervenor Stark County Department of Job and
Family Services KIMBERLY R. HOPWOOD P.O.
Defendant-Appellant JENNIFER J. JOSEPH DEBORAH L. MCNINCH
COURTNEY HANNA STEVEN J. UMAFIA S. KYLE DODDERER Joseph &
Joseph Co., LPA
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J.
Hon. Craig R. Baldwin, J.
Defendant-appellant Kathleen Taylor appeals from the November
17, 2017 Judgment Entry of the Stark County Court of Common
Pleas, Family Court Division.
OF THE FACTS AND CASE
Appellee Catherine Dana nka Catherine Johnson and Patrick
Taylor were married on December 12, 1986 and three children
were born as issue of the marriage. On June 24, 1996,
appellee filed a complaint for divorce. A Judgment Entry of
Divorce was filed on September 17, 1997 which approved and
adopted the parties' Separation Agreement. The Separation
Agreement granted Patrick Taylor, who had been a firefighter,
his interest in his Police and Fireman's Disability and
Pension Fund of Ohio. As memorialized in a Judgment Entry
filed on September 21, 2001, the Ohio Police and
Fireman's Disability and Pension Fund of Ohio was joined
as a defendant and was restrained from distributing Patrick
Taylor's interest in the fund until further order. All of
the children were emancipated as of August 28, 2009. Child
support was terminated pursuant to a Termination Order filed
on October 28, 2009.
Appellant Kathleen Taylor and Patrick Taylor were married on
February 2, 2010. Patrick Taylor died intestate in Franklin
County, Ohio on January 25, 2015 in Franklin County, Ohio.
The Franklin County Probate Court, via an Entry filed on May
19, 2017, relieved the estate from administration and awarded
appellant Patrick's benefit plan held by the Ohio Police
and Fireman's Disability and Pension Fund of Ohio which
was worth $28, 805.00. On July 10, 2017, appellant filed a
motion in the Stark County Court of Common Pleas, Family
Court Division, asking that she be added as a defendant. On
the same date, she filed a motion asking for a partial
release of the restraining order so that she could receive
the pension since the Administrator of the pension refused to
release because of the 2001 restraining order.
Pursuant to an Order filed on July 10, 2017, the trial court
ordered the partial release of the September 21, 2001
restraining order. Appellant Kathleen Taylor was added as a
new party defendant as memorialized in a Judgment Entry filed
on July 21, 2017. However, the order of intervention filed on
July 21, 2017 was vacated and a hearing scheduled pursuant to
a Judgment Entry filed on August 2, 2017 due to conflicting
On August 2, 2017, Stark County Child Support Enforcement
Agency filed a Motion to Intervene because it had an interest
in the subject of the action. On the same date, it filed a
motion opposing the partial release of the restraining order.
In its motion, it asked that if or when the restraining order
was lifted, the trial court direct that $48, 209.31, be
applied to child support arrearages. The Motion to Intervene
was granted by the trial court on August 2, 2017.
Appellee, on August 10, 2017, filed a Motion for Disbursement
of Funds, asking for an order from the trial court directing
the Ohio Police and Fireman's Disability and Pension Fund
to release all funds being held for Patrick Taylor to her
"as and for his spousal support arrearage." In her
affidavit, she alleged that she was owed $40, 290.00 in
spousal support arrearages. Appellant filed a memorandum in
opposition to the same on August 21, 2017, arguing that the
Franklin County Probate Court had jurisdiction over the
disbursement of Patrick Taylor's estate. The Magistrate,
in an Order filed on August 24, 2017, vacated the prior
partial release of the restraining order and ...